UPDATED: Sep 30, 2022

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My car was damaged on 6/13/2016. As a result it was totaled out around 6/28/2016. I was authorized to have a rental car until 7/18/2016 but I’m being charged for 11 of those days. The insurance company finally mailed my check to my finance company on 8/28/2016 I’ve had to pay for rentals the whole time although the person who hit me insurance assumed 100 responsibility for this accident. What legal actions can I take

Asked on September 10, 2016 under Accident Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A BBB complaint will do nothing to get you reimbursement. If your insurer did not pay for a rental for as long as they should have, under the terms of your policy, you can sue them for breach of contract: for violating their contractual obligation under the policy to pay for your rental. If, however, your own insurance did not have rental coverage and/or your own insurer paid as much coverage as they were required to under the policy (an insurance policy is a contract: the insurer must provide that much coverage, and only that much, as the policy itself says they must), then your recourse would be to sue the at-fault driver (you sue the driver, not the insurer) for your-out-pocket rental costs; to get compensation, you'd have to prove in court that the other driver was at fault and that the duration and cost of rental was reasonable (the at-fault driver only needs to reimburse or pay reasonable costs; i.e. not a longer-than-reasonably necessary rental, or too-premium or expensive a rental).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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